Wagner Construction, Inc. - Page 50




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               Finally, Mr. Katz opined that salaries and bonuses paid to             
          Dennis and Curtis were excessive because the compensation                   
          exceeded the 1995 and 1996 median cash compensation for CEO's and           
          COO's included in the ERI data.  However, Mr. Katz, like Dr.                
          Lacey, failed to take into account the stock options granted to             
          the CEO's and COO's of the publicly traded companies.  See                  
          Labelgraphics, Inc. v. Commissioner, supra.                                 
               Accordingly, we reject Mr. Katz' opinion concerning                    
          reasonable compensation paid to Dennis and Curtis for the years             
          at issue.                                                                   
          D.  Rejection of Expert Witness Opinions                                    
               Because of fundamental differences in approach among the               
          experts engaged by both parties, the values arrived at in the               
          reports are extremely far apart.  Although it is not unusual in             
          valuation cases that two experts reach significantly different              
          conclusions, the reports and testimony of the experts in this               
          case are so dissimilar that the reliability of the experts is               
          brought into question.  In this case, the experts reached                   
          conclusions that patently favored their respective clients, and             
          their reports were designed to support their conclusions.                   
               The purpose of expert testimony is to assist the trier of              
          fact to understand evidence that will determine the fact in                 
          issue.  See Laureys v. Commissioner, 92 T.C. 101, 127-129 (1989).           
          That purpose is jeopardized when an expert assumes the position             






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